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Media CoverageUnregistered Operator BTCC Engages in Illegal Activities Again: 'Korean Language Support and KRW Deposits Available'
It has been revealed that the unregistered virtual asset service provider (VASP) BTCC is promoting Korean language support and KRW transfers while proposing partnerships to domestic blockchain companies. On August 27, it was confirmed that BTCC sent an email to domestic blockchain company A on the afternoon of August 26, offering a partnership with BTCC, which supports the Korean language and accepts KRW deposits. (omitted) Hyeonsu “Elliot” Jin, managing partner at Decent Law Firm, pointed out, "KRW deposits, card usage, and bank account registration could potentially violate the Act on Reporting and Using Specified Financial Transaction Information (Special Act) and the Electronic Financial Transactions Act." Jin further stated, "Since BTCC has not obtained a business license under the Special Act, it seems clear that they are operating illegally." He added, "Since card companies block virtual asset payments, it's unlikely that payments will be processed normally, and there is a risk of involvement in money laundering through illegal means such as bypass payments."
2024-08-28 Digital Asset -
Media Coverage
Coin Exit Scam Delio Shifts Loss Responsibility to Users by Amending Terms and Conditions
Delio, a virtual asset deposit service currently on trial for the '2.5 billion won coin exit scam,' has been accused of secretly amending its terms and conditions to avoid responsibility for deposit losses, shifting the burden to users. Initially, the company attracted users by promising to guarantee the principal, but without notice, it altered the terms to make users responsible for any losses. Legal experts have pointed out that if the terms were changed in a way that disadvantages users, the revised terms should not be applied retroactively to existing users. According to the virtual asset industry on the 14th, Delio recently submitted its 'virtual asset deposit service terms and conditions' to the Seoul Bankruptcy Court, where its bankruptcy proceedings are underway. The last amendment to these terms was made in September 2022, and it includes a clause assigning the responsibility for deposit losses to users. Article 5, Clause 2 of the terms states that 'all responsibility for losses incurred from deposit products invested in at the user’s discretion shall be borne by the user.' (omitted) Legal experts criticized Delio for failing to uphold its moral responsibility as a virtual asset service provider. Typically, when financial institutions amend terms and conditions in a way that disadvantages users, they do not apply the changes retroactively to existing users. However, if a financial institution seeks the consent of users for the amended terms, even disadvantageous provisions may be applied retroactively, according to legal opinions. Pureun “Ian” Hong, managing partner of Decent Law Firm, stated, "Since Delio's deposit service terms were amended in a way that disadvantaged users, Delio should have sought user consent for those changes."
2024-08-14 ChosunBiz -
Media Coverage
Will a Path Open for Terra · Luna Coin Fraud Victims to Be Compensated?
As the extradition of Kwon Do-hyung, the key figure behind the Terra-Luna crash, to Korea approaches, victims are closely watching to see if the domestic compensation process will be expedited. Legal experts believe that if Kwon is tried in Korea, his expected sentence may be significantly lower than if he were tried in the U.S. However, there is also speculation that it may be easier for Kwon to reach settlements with victims during the trial process. (omitted) According to industry reports, the global damage from the Terra-Luna collapse is estimated to be around 50 trillion KRW, with about 200,000 domestic victims suffering losses of approximately 300 billion KRW. The Seoul Southern District Prosecutors' Office, which is investigating Kwon, has filed a claim for asset preservation based on the "Act on the Confiscation and Recovery of Corrupt Property," and the court has approved the preservation of about 233.3 billion KRW of Kwon's assets. Experts view Kwon's extradition to Korea as a positive development for victim compensation. Pureun “Ian” Hong, managing partner of Decent Law Firm, commented, "It is clear that Kwon will face criminal charges in Korea for fraud and violations of the Capital Markets Act, and most of the related proceedings, such as the bankruptcy trials of Terraform Labs Korea, will take place in Korea. Since Kwon will need to focus on compensating victims to receive a lighter sentence, this could put domestic victims in a somewhat more favorable position compared to overseas victims."
2024-08-04 Financial News -
Media Coverage
Nation’s First 'Virtual Asset Spot ETF' Listing in Progress
Efforts are underway to list virtual asset spot exchange-traded funds (ETFs) for Bitcoin, Ethereum, Solana, and Ripple in Korea. According to the financial investment industry on the 7th, PVR Group has submitted a business proposal to Busan Technopark, a public institution under Busan City, aiming to establish core projects and regulatory exemptions for the blockchain regulatory free zone. The key content includes the listing of virtual asset spot ETFs and trading of K-content tokens. Busan Technopark is responsible for managing major projects in the Busan Blockchain Regulatory Free Zone. Based on business proposals from 16 companies, including PVR Group, Busan City plans to hold a general meeting this month to discuss key projects and regulatory exemptions for the blockchain regulatory free zone. (omitted) Hyeonsu “Elliot” Jin, the managing partner of Decent Law Firm, specializing in virtual assets, commented, "If this is pursued as a regulatory sandbox project, it can move forward quickly because it's not about changing the law but allowing temporary, limited, and trial-based operations. Since investments will be made through securities firms and asset management companies, this could help popularize virtual asset investments while also having a positive impact in terms of security and skilled personnel."
2024-07-07 Asia Economy -
Articles HOT
Reasons for Rejection of Haru Invest and Delio Rehabilitation Cases
Background of the Haru Invest and Delio Cases A year ago, during the major downturn in the cryptocurrency market, the Haru Invest and Delio scandals unfolded, leaving significant impacts on investors. While the market has since evolved, with Bitcoin and Ethereum entering mainstream finance through spot ETFs, these cases remain relevant in the legal landscape, particularly concerning rehabilitation and bankruptcy proceedings. Why Rehabilitation Was Denied Rehabilitation and bankruptcy cases receive less public attention compared to criminal trials. However, these processes are crucial for victims seeking to recover their losses. While criminal cases focus on punishing wrongdoing, rehabilitation and bankruptcy proceedings determine how the debtor's remaining assets can be distributed to creditors. Recently, the Seoul Bankruptcy Court rejected the rehabilitation applications for both Haru Invest and Delio, citing three key reasons, primarily aligned with Delio's case: Imminent Implementation of the Virtual Asset User Protection Act (Effective July 19, 2024): The Act mandates the separation of company and investor assets, a requirement Delio cannot meet due to the nature of its business. The court ruled that Delio’s inability to comply with this law renders its business operations infeasible post-rehabilitation. With only two current employees, Delio also lacks the capacity to pursue new ventures. Uncertainty of Business Success: Court-appointed investigators reported that Delio's prospects for success in either its existing or new business endeavors were highly uncertain. The company's structure incurs monthly expenses exceeding KRW 30 million, making continued operations unsustainable. Prolonged Asset Recovery Timeline: The court noted that rehabilitating Delio would result in dwindling resources due to ongoing operational costs, leaving less for creditors. Conversely, immediate bankruptcy would facilitate quicker distribution of assets to creditors, aligning with their best interests. Bankruptcy Proceedings and Asset Realization In corporate bankruptcy, when liabilities outweigh assets, a trustee is appointed to manage asset liquidation and creditor claims. This ensures fair distribution of the remaining resources before the company is dissolved. Key factors in these cases include how effectively trustees can recover assets, particularly cryptocurrency, which can be easily concealed through wallet transfers. Successful recovery often requires close collaboration with criminal investigations to track and seize concealed or misappropriated assets. Connection to Haru Invest and FTX During Haru Invest's criminal trial, prosecutors revealed that a significant portion of the lost assets was managed by B&S Holdings, which claims to have creditor claims against the bankrupt FTX exchange. This layered recovery process underscores the complexity and potential delays in compensating victims. Recommendations for Investors Investors in Haru Invest and Delio should monitor both the criminal proceedings at the Seoul Southern District Court and the bankruptcy cases at the Seoul Bankruptcy Court. Both avenues are critical in determining the ultimate recovery of their losses.
2024-07-06 블록미디어 -
Our News NEW
Recruitment of Attorney Minsun "Haley" Kang
Decent Law Firm is pleased to announce the addition of Attorney Mi-mi Kang, who brings exceptional expertise in e-sports, media content industries, and international legal matters. Attorney Haley has extensive experience gained from her tenure at CJ Powercast (CJ Olive Networks) and Loud Corporation, providing her with a profound understanding of the gaming and media content sectors. Additionally, she has built her legal expertise through her work at the Ministry of Justice, where she handled litigation approval involving the state and provided advisory support for national compensation lawsuits. Furthermore, leveraging her fluency in Japanese, Attorney Haley successfully handled complex international legal issues, including the successful application for provisional seizure of distribution revenue claims from Japanese record companies and providing legal opinions in collaboration with Japanese law firms. Representing Decent Law Firm, Senior Attorneys Elliot and Ian stated, "Attorney Haley's unique experience and specialized knowledge will significantly contribute to providing differentiated legal services to our clients. Moving forward, Decent Law Firm plans to continue recruiting talent with expertise in various fields to offer tailored legal services that reflect the specific needs of different industries." Decent Law Firm provides a broad range of legal services including corporate legal affairs, international law, civil and criminal litigation, and administrative matters. The firm is also expanding its legal services to cover specialized areas such as virtual assets, entertainment, and e-sports.
2024-07-01
